28 February 2011

Anwar Ibrahim’s sodomy trial is set to take an interesting turn tomorrow as the prosecution team brings in new witnesses and will make a connection between the collection of evidence samples to the case at hand.

DNA profiles have so far been obtained from a “Good Morning” towel, a toothbrush as well as a mineral water bottle. Government chemist Nor Aidora Saedon testified last week that graph results showed that there are two main DNA profiles on the evidence samples — that of “Male Y” and that of an unknown DNA profile.

She had already testified on February 23 that the DNA profiles found on said items matched that of an unknown “Male Y”, whose sperm extracts had been found in Mohd Saiful Bukhari Azlan’s anus earlier.

The prosecution team, headed by Solicitor-General II Datuk Mohd Yusof Zainal Abiden, has yet to connect Anwar to any of the DNA profiles found on Saiful. “Tomorrow we will be calling new sets of evidence, (in connection) with the collection of sample exhibits. “This is subject to objection raised by the defence,” Yusof told trial judge Datuk Mohd Zabidin Mohd Diah.

The senior prosecutor said that there would be a “basis” for objections by the defence for tomorrow’s trial. Anwar’s lawyers have indicated that they might be filing submissions or raising objections, depending on who the prosecution calls to testify tomorrow, and how any connections would be made.

“Yes, there is a high possibility of a trial within a trial here … but at this point, it is still premature. We will have to see what happens tomorrow, and go from there,” defence counsel Sankara Nair told reporters later.

BN has brought out its biggest gun early in the fight for the Kerdau state seat, with none other than its head spending all of yesterday wooing voters in crucial vote-banks.Najib Abdul Razak visited all three Felda settlements, announcing the allocation of nearly RM10 million in goodies, and even spending the later part of the day to meet-and-greet non-Malay voters in the mixed area of Kerdau town.

While it is not uncommon for Najib, also the premier, to make his rounds during a by-election, his timing and the manner in which his visit was organised are odd. It certainly is not normal for BN's top leader to come out as early as the first full day of campaigning after nomination day, as political parties tend to build up the momentum gradually to avoid over-exposure and fatigue on both their election machinery and among voters.

What raised eyebrows was the glaring absence of posters bearing the likeness of BN candidate Syed Ibrahim Syed Ahmad around the constituency, while Najib's picture was plastered all over the venues of his events. Syed Ibrahim himself only accompanied Najib to his first Felda stop, before continuing with his schedule for the day without the much-needed publicity - which obviously was concentrated on the nation's top politician.

With such zeal from Najib in reaching out to Felda settlers so early in the race, it naturally raised the question - was he campaigning for BN's victory, or simply looking out for his own interests? This requires a brief look at Najib's links to both Felda and Kerdau, directly or otherwise.

Najib's pedigree is rooted in Pahang aristocracy, His father, Abdul Razak Hussein, was the second prime minister, as well as Pekan MP. Crucially, he founded Felda, built on the vision of helping the Malays acquire and develop land towards financial independence. Najib followed in his father's footsteps, winning the Pekan parliamentary seat and also heading Felda for seven years before moving on to bigger things. The two responsibilities thrust on Najib early in his political career are definitive indicators of his strength as the nation's sixth premier - if his influence in either one wanes, even by a bit, it couldwell mean the beginning of the end of his premiership.

PAS taking stealth approach?

Unlike BN's early charge, PAS, which is fielding career quantity surveyor Hassanuddin Salim, has taken a more reserved approach to the by-election, the 16th since the March 2008 polls. It would appear as though the Islamist party's campaign machinery is off to a sluggish start, not helped by the fact that it is keeping its campaign strategy very close to its chest. But its first ceramah (political talk), held after nominations were filed on Saturday, may give the biggest hint to what it intends to do over the next week before polling on March 6.

That night, some 500 people witnessed the state-level launch of Pakatan Rakyat's Buku Jingga, (Orange Book) which outlines the coalition's 100-day economic reform plan should it take over the federal government. It must be noted that none of the speakers touched on Felda issues, save for PAS vice-president Tuan Ibrahim Tuan Man who made a brief mention of land ownership.

By keeping the focus on the Orange Book, the opposition has practically thrust the document in the face of its opponents, and has possibly obscured part of PAS' movements over the course of the campaign. It is dead obvious that both Umno and PAS are gunning for Felda settlers, who for a long time have significantly contributed to some 8,000 votes in Kerdau.

By giving prominence to the Orange Book, Pakatan could help hide key issues long enough for PAS to gain the initiative, leaving BN on the back foot and with the unsavoury task of countering potentially explosive allegations. And with PAS deputy president Nasharudin Mat Isa and charismatic speaker Muhamad Sabu taking to the Felda campaign circuit last night, the clandestine assault could have already started without the BN even knowing it.- Joseph Sipalan

25 February 2011

It was an unusual moment during the Anwar Ibrahim sodomy trial when a chemist had the court in stitches with her witty answers.

While the focus on this morning's trial is on Nor Aidora Saedon's(right) revelation that her former director-general, N Hithiya Jeeva, had instructed and assigned her to wait for the samples from a “big and high profile” case, her quick-witted answers and comments in answer to counsel Ram Karpal Singh provided the light moment.

Giving her testimony in English, at one point, in explaining what is DNA and a locus, she asked the judge, “Yang Arif faham tak?” (Your honour, do you understand?). Justice Mohamad Zabidin Mohd Diah replied, “Tak penting untuk awak tahu kalau saya faham atau tidak, kamu kena beri keterangan” (It does not matter to you whether I understand or not, what is important is that you testify).

In explaining her former director-general's directive, Nor Aidora said normally she would return home at 6pm. “However, on July 17, 2008, I was instructed by the director-general to wait. “He had called me at about lunchtime that day, informing me that the police informed him that a big and high profile case is coming. He informed me that the department had assigned me to the case to retrieve the DNA,” she said.

In explaining what transpired, she said Hithiya had a brief meeting with the then-forensic division head Primula Pathi Jaya and the then-DNA section head Lim Kong Boon. Lim, Primula and Hithiya are said to have played a part in Sodomy I, when they were also called as witnesses.Following the said discussion, Nor Aidora said Hithiya had assigned her to it.

She had on Wednesday testified that she found a correspondence to 'Male Y' whose semen was found from Mohd Saiful Bukhari Azlan's lower rectal area, to the DNA she had retrieved from a mineral water bottle, a 'good morning' towel and a white toothbrush. Those items were handed over to her on the evening of July 17, 2008 (ie at about 6.30 pm). Nor Aidora said she made her findings in her chemist's report which is read together with one provided by Dr Seah Lay Hong. She testified that Seah's office is about five metres away from hers.

Normal practice?

Normally, Nor Aidora said Lim would assign the work but this order came directly from the DG. At this point, solicitor-general II Mohd Yusof Zainal Abiden objected to Ram Karpal's line of questioning, alleging that the defence counsel was trying to put words in the witness' mouth. Ram retorted that his question was relevant and Justice Zabidin allowed Ram to continue.

Nor Aidora had the court in stitches when she said, “I know you are angry but do not shout and be angry with me. I am here to assist the court.” Rattled by this, Ram asked his question calmly, to which Nor Aidora denied that her superior would dictate to her what to do. She said she would follow what is required by the police POL 31 form. The witness said normally the police will come to the DNA counter and Lim would then assign the cases to the chemist whom he deemed fit.

Ram: Normally your DG would sit at the counter to give the case?

Nor Aidora: No. he would be in the office in the main building.

Ram: He must have knowledge of this case?

Nor Aidora: I do not know, as the DG had discussed matters with the head of the forensic division and her section head. “They decided to give this 'high profile' case to me. I did not know what were the samples but was told to wait for it.”

She said when she conducted her test, Seah had already left for the United States. Nor Aidora said she obtained a perfect DNA sample from the samples given to her. She had earlier testified that she swabbed the towel, toothbrush handle and bristles and also the mouth and cap of the mineral water bottle in search of DNA.

The witness admitted she did not do a test for degradation. Nor Aidora said she found DNA in 10 of the samples retrieved from the toothbrush, towel and mineral water bottle which were obtained through trace sampling.

Penang BN is confident of recapturing the state in the next general election, contrary to Umno veteran Tun Daim Zainuddin's belief that Pakatan Rakyat would be given the mandate. The state BN is banking on UMNO to deliver 14 seats,Gerakan 8 and MCA 2 in the 40 seat assembly, says China Press.

Penang BN sources told China Press that the coalition's latest survey and analysis showed that it could expect to win at least 22 seats. The sources said with signs od a swing in votes back to UMNO,the party could expect triumph in 14 of the 15 UMNO seats it is likely to contest. The survey showed that PAS would retain Permatang Pasir.The survey showed that the Chinese would continue to support PR but BN would receive more Malay votes,giving BN hopes to win in 'mixed seats'.

Meanwhile political analyst Datuk Cheah See Kian deemed the suggestion that UMNO could win 14 of the 15 seats it contest as an over-estimation. He was the opinion that the UMNO would probably keep its current seats or may even lose one of them in the next general election.

Penang is a gone case. Lim Guan Eng is simply a good leader. He is a good person. Penang is well managed. Ignore the staged protestations of the street hawkers who have not been paying the rates. Ignore Rizal Merican. The majority support LGE. Penang stays opposition.

Thatthamby in Perak is just there warming the MB's seat. Support for him in his own constituency is dwindling. Perak will be returned to the opposition with a vengeance. In the meantime, we hear Zambry is making hay while the sun shines. UMNO people aresaying- kita salah rampas.Selangor?Even the Auditor General says it's the 2nd best financially managed state after Penang. Who wants to be MB Selangor? Noh Omar? Zain Badak? By the way, where did PLCE ( passed LCE) Satim Diman got his doctorate? Did he buy it or what?

Kelantan? What can we say about Kelantan? Except that every UMNO leader will one day become the president of the Kelantan FA. They will then fight out who gets to manage the team and who gets to build new stadiums.Kedah- even the UMNO people like Ustaz Azizan. He says he now sleeps better when Najib appointed Bashah. Because Najib appoints a person he trusts more than a person he knows can work. Kedah will stay opposition.

In Perlis let the warring factions in this land the size of an ape's straddled legs fight it out. There even the UMNO grassroots want to punish Najib.

In Terengganu, there are signs it's going to the opposition.

Pahang in the meantime will stay under BN but question marks hover over the fate of at least 7 parliamentary seats.

Johore will remain BN. Negeri Sembilan can go either way unless Mat Hassan is jettisoned fast. New leaders must come to rescue UMNO.

24 February 2011

The Kuala Lumpur High Court was today shown the CCTV images of what appeared to be opposition leader Anwar Ibrahim arriving and leaving the Desa Damansara condominium that fateful day. It also showed an image of complainant Mohd Saiful Bukhari Azlan arriving later, and then leaving earlier.

The court was shown images of seven cars arriving at and leaving the condominium that day. One of the cars is Anwar's, another is Saiful's and yet another belongs to the owner of the condominium unit. ASP Fauziah Che Mat said she was tasked by investigating officer DSP Jude Blacious Pereira to look for certain individuals, who were not named in court.

Earlier, the 47 year-old video and audio analyst testified she had received two hard discs of CCTV recordings made on June 26, 2008. She was also asked by Jude to look for the cars and people from the cars arriving at the condominium (which she testified as Sri Damansara) sometime in April and late May. Questioned by DPP Mohd Hanafiah Zakaria, Fauziah said she was also asked to print out the images of the individuals concerned.

Although CCTV recordings were shown in court depicting images taken on June 26, 2008, it was not clear as to who the individuals are. The Permatang Pauh MP is charged with sodomising his former aide Saiful at Desa Damansara condominium between 3.15pm and 4pm on June 26, 2008.

Anwar carrying briefcase

Images were shown of what appeared to be Anwar arriving at the condominium in an MG Rover car with plate number WMK 6. He is seen arriving at the condominium at 12.12pm after his car was parked, and coming to the fifth floor.

Anwar, who is seen to be wearing a white long-sleeved shirt, was seen to be putting on a grey blazer in the lift to the condominium. He was seen carrying a black briefcase and a plastic bag. Anwar was seen leaving the premises with the briefcase in the same car at about 5.30pm. Other individuals arriving in separate cars were also seen arriving at the condo at about noon.

The Anwar Ibrahim sodomy trial today heard testimony from an engineer who maintains the equipment for DNA sample analysis used by the Chemistry Department.

Yesterday, another chemist Nor Aidora Saedon testified that she found the DNA belonging to a "Male Y" from a towel, a mineral water bottle mouth and its cap along with a white toothbrush. DNA and semen from "Male Y" was found in the low rectal area of Mohd Saiful Bukhari Azlan.

Although Nor Aidora did not reveal the identity of "Male Y" or where the samples were obtained, she testified receiving them from the investigating officer DSP Jude Blacious Pereira on the evening of July 17, 2008. Nor Aidora will be cross-examined tomorrow by the defence in a bid to give them more time to study the electropherogram graph and DNA findings.

He said maintenance was done annually and he had checked the machines used be the chemistry department on May 2008.

"It was working well," he said, during cros-examination by Sankara.

9.22am: PKR secretary-general Saifuddin Nasution is spotted in the public galler.

Tiang said he has a diploma in Electrical and Electronic Engineering from the University of London.

He said that since 1996, he has worked with a company called Applied Biosystem which supplies the DNA analysis machine.

However, he said Applied Biosystem had ceased operations in Malaysia, 2005. He he still maintains the equipments, in terms of hardware.

9.36am: Solicitor-general Mohd Yusof Zainal Abiden said the next witness are people involved with the CCTV footage and are on their way to the court. So he asks for a short break. Court stands down.

10.45am: Hearing resumes with ASP Fauziah Che Mat, 47, on the dock. She is audio video specialist from the Cheras police station.

Previously, Fauziah had been with the Photo and Technical division in Bukit Aman federal police headquarters.

DPP Mohd Hanafiah Zakaria is questioning during examination in chief.

10.53am: As an audio/video analyst, Fauziah said she has handled over 900 cases.

She said that she received two envelopes from investigating officer DSP Jude Blacious Pereira at 10am on July 3, 2008.

She opened the envelope and found a hard disk marked HD1. Another envelope also contains a hard disk.

11.10am: The defence team objects because they were not given a copy of the hard disks nor the notes Fauziah was referring to.

11.15am: After both parties entered the judges chambers for a short while.

11.25am: Hearing resumes.

11.39am: Fauziah said she made a copy of the hard disk with a cloning machine.

11.47am: After cloning the hard disk she returned the original to DSP Jude Pereira on Sept 24, 2008.

11.55am: Hard disk is tendered as exhibit.

12.09pm: Fauziah says her task was to identify by means of the CCTV recording several cars - a Range Rover (with license plate) WMK 6 and a Fiat (WPK 5925) - and the personnel who had driven into and out of the Desa Damansara condominium.

She was asked to observe this on the dates June 26, 2008, and April and early May. Fauziah said she was directed to do so by Jude.

12.16pm: Court adjourns to 2.30pm to allow the set-up of equipment to show the recording.

The opposition pact does not need to form a shadow cabinet as its parliamentary committee set up previously is able to fulfil the criteria, says Opposition Leader Datuk Seri Anwar Ibrahim.

"The committee has already been looking into the issues according to the respective portfolios," he said after chairing a meeting of the Pakatan Rakyat supreme council and the menteris besar and chief ministers of states under opposition rule, here, today.

Anwar was responding to the recent statement by Prime Minister Datuk Seri Najib Tun Razak, challenging the opposition pact to depict their cabinet through a shadow cabinet if they were so bent on governing the country.

Meanwhile, Anwar called on Muslim countries and the United Nations to stop the brutality and killing of civilians in Libya as anti-government unrest spreads in the North African country.

"We strongly condemn the actions of Libyan leader Muammar Gaddafi who continues to oppress his people and we pray that the Libyans will continue to rise against and reject the despotic leader," he said.

Libya is going through a turbulent time since thousands of demonstrators have taken to the streets since a week ago, demanding Gaddafi to step down.

The Chief Minister, Taib Mahmud clearly has no intention of allowing the democratic process to get in the way of his election chances. Sarawak Report has obtained exclusive video(below) material showing how police were sent in to prevent the opposition PKR leader Baru Bian from addressing a peaceful gathering of people from his own constituency. We have also learnt that Taib has sent out a disgraceful directive instructing police to deny permits for any opposition gatherings!

The incident happened in Baru’slocal main town of Lawas. An invited gathering of party members and constituents had joined him at the Sin Yang coffee shop to take food and listen to his vision of a better future. These key constituents wanted to listen to his messages and ideas in order to bring them back to their own communities and longhouses. PKR party workers had, as usual, applied for a permit for the sit-down gathering, but as usual the permit had been denied.

“The police just said no. They gave no reason” explained Paul Bian, Baru’s Campaign Coordinator.Our orders are from the Top!

The Anwar Ibrahim sodomy trial records today the testimony of a new witness, another chemist, Nor Aidora(right) as the prosecution wrapped up the re-examination of the Chemistry Department's DNA specialist Seah Lay Hong today.

8.53am: DPP Noorin asks Seah about the discrepancy in labelling of dates for receptacles B4, B5 and B6.

Seah replies that the department's written procedure states that she is not allowed to reject the samples based on such an error.

"The documentation done by another party is noted down. We do not form any basis for rejection," she says.

Seah also says the seals were intact.

Noorin: Did the dates affect the integrity of the sample?

Seah: No, because seal was intact.

8.57am: Seah says errors could have occurred during labelling. The witness says the container was tamper proof.

9.00am: Seah says she would reject any sample if she found it had been tampered with.

"In this case, none of the samples provided were rejected."

9.02am: DPP Noorin finishes re-examining Seah.

9.05am: Nor Aidora says she has been the head of the DNA paternity unit since 2008, that she joined the Chemistry Department in 1998, and has a master's in forensic DNA from Auckland University.

9.30am: Nor Aidora also says she has handled about 100,000 DNA samples since 1998.

Sankara raises an objection when Nor Aidora, when asked what she received on July 17, 2008, moves to look at her report. Mohd Yusof replies that since nothing has been said by the witness, there is no basis for an objection.

9.35am: The judge calls for an adjournment to rule on the objection.

9.37am: All parties enter the judges chamber.

10.33am: The trial resumes.

10.36am: Nor Aidora says she received a request from DSP Jude Blacious Pereira to analyse samples. She says she received four envelopes marked 'D', 'D1', 'D2', and 'D3', which were sealed by police. The packages were in good condition, says Nor Aidora.

10.50am: An envelope which contains a strand of hair is marked as P57. Its content ID57a is lablled 'the bulu', referring to the strand of hair pasted on a piece of paper.

The witness identifies the item as "the bulu".

10.58am: D1 contains a white toothbrush. The toothbrush is marked ID58A and the envelope is marked P58.

11.02am: Nor Aidora says she had swabbed the toothbrush handle and bristles with a cotton bud.

11.04am: Envelope D2 is marked ID59. Its contents are a Good Morning towel with the strand of hair.

Nor Aidora says she swabbed four different parts of the towel for DNA sampling.

11.09am: The towel is marked ID59A. Nor Aidora explains that the strand of hair she put on the piece of paper is different from the one that the police found on the floor. (Thus far, two strands of hairs have been tendered as evidence. The hair from the floor is marked 'D' while the hair from the towel is marked 'D2a')

The second strand of hair is marked ID60B.

11.15am: The contents of envelope D3 are now being examined.

11.18am: D3 contains a bottle of mineral water. Nor Aidora says she swabbed the bottle and the inner mouth area of the bottle. It is marked ID61A.

11.24am: The examination of samples started on July 18 and the DNA analysis was conducted on July 19. She says the examination was completed on July 21.

12.34pm: After comparing her report with that of Seah, Nor Aidora says the DNA profile retrieved from the towel, toothbrush and mineral water bottle is identical to that identified as Male Y.

12.39pm: Lead defence counsel Karpal Singh raises an objection. He says the match probability database was not supplied to the defence, arguing that this is a violation of Section 51 of the Criminal Procedure Code.

12.44pm: Another defence counsel Ram Karpal Singh, submits that the earlier testimony, on 'Male Y', should be expunged.

Mohd Yusof challenges the claim, saying the second chemist report (by Nor Aidora) had been given to the defence.

"Throughout proceeding she has asked the court's permission to look at her notes and the court has allowed this."

Yusof says the prosecution is useing whatever the defence has in its possession.

12.53pm: The court goes into recess. The hearing will resume at 2.30pm.

22 February 2011

A government scientist today testified to the existence of only one DNA profile in Mohd Saiful Bukhari Azlan’s lower rectum despite claims of at least two more unknown DNA profiles by the defense team earlier in the sodomy trial of Datuk Seri Anwar Ibrahim.

During re-examination this afternoon by deputy public prosecutor Noorin Badarduddin, Dr Seah Lay Hong said the chemist report showed that there was one unknown DNA profile found in Saiful’s lower rectum area (B9) belonging to “Male Y”.

Noorin: Two contributors of B9 are Saiful and Male Y?

Dr Seah: Yes, Saiful as well as Male Y.

Noorin: Which is the more dominant DNA profile for B9?

Dr Seah: For B9 is Male Y.

According to Dr Seah, although Saiful’s DNA profile was found in his anus, his was a “non-sperm extract” while Male Y’s DNA was a “sperm extract.”

Anwar’s lawyers yesterday attacked Dr Seah for her report findings, and had pointed out that the chemist report failed to include two more unknown DNA profiles. They said that despite graph readings which showed two more unknown DNA profiles in Saiful’s lower rectum and on his black trousers, Dr Seah did not put it in the chemist report.

The focus of the Sodomy II trial this morning in the Kuala Lumpur High Court was on whether the Chemistry Department had followed international standards in handling DNA samples provided by the police.

Karpal, who was the last of the defence team to cross-examine Seah, a DNA specialist, questioned her about multiple DNA profiles found in Saiful's rectum.

“Is it reasonable to conclude the victim is a passive homosexual?” he asked.

Seah said she could not answer the question, and Justice Mohamad Zabidin Mohd Diah initially indicated he would not allow the question.

However, when Karpal pointed the relevancy of the question, the judge backed down.

Karpal said: "(With) the profile of more than one contributor inside Saiful's anus, it is a logical conclusion, to show the complainant as a passive homosexual.”

Seah said she neither agrees or disagrees with this.

Karpal also asked, after the prosecution raised an objection, how someone's DNA could end up in Saiful's rectum, if the pro-forma medical form states that the issue relates to an 'attempted sodomy'.

Karpal: If it is attempted sodomy, you will not find other people's DNA inside the anus?

Seah: Not possible

source:malaysiakini

Some of the inconsistencies so far....

1.Semen inexplicably found on the front of the underwear.

2.Strange omissions in the DNA analysis.

3.DNA found in mouth and anus after 2 days.

4. Medical documents stating attempted sodomy.

5. Dr Razali Ibrahim had testified that Saifool's rectum was empty, despite Saifool's testimony in court that he had not defecated for two days. Saifool says arse never wash, never shit for 2 days.

6.Expert DNA specialist Dr.Seah refusal to answer direct questions and her famous quote...'agree and disagree'.

21 February 2011

The afternoon of the Anwar Ibrahim sodomy trial brought a pertinent question that chemist Dr Seah Lay Hong could not answer: why was the seminal stain found on the front portion of Mohd Saiful Bukhari Azlan's grey underwear and not at the back?

This question arose after a suggestion that Saiful's alleged assailant had ejaculated inside the complainant's anus, after which a significant amount of seminal fluid would flow out to the back portion of the complainant's underwear.

However, according to Seah's testimony, the first seminal stain was found on the front portion of Saiful's underwear and the second, which contained the DNA of “Male Y”, was found on the front bottom portion. Asked how the seminal stain could have been found in the front portion of the underwear, Seah refused to answer, saying she could not answer speculative questions.

Defence lawyer Ram Karpal prepared the foundation for his argument by suggesting that the seminal stain was found on the front portion of Saiful's black trousers. He suggested the stain could have originated from the portion of the underwear corresponding to the spot where it touched the trousers, which could have resulted in such an outcome.

Ram had the court room in stitches when Seah seemed puzzled, and the lawyer then said, “It must be this way as Saiful could not have been wearing his underpants on the outside, like 'Superman'.” To this suggestion, Seah agreed on the possibility of Saiful's underwear touching the trousers.Ram: In this case, if there is ejaculation into the anus, would you find the semen stain leaking at the back of the underwear?

Seah: I refuse to answer as this is speculative.

Ram: (Haven't) you answered speculative questions by the prosecution (before)? Isn't it reasonable to expect (this)? I am suggesting to you it would be reasonable to find the semen stain at the back of the underwear.

Seah: I can't answer as it is speculative.

Ram: So you agree or disagree?

Seah: I agree and disagree.

Own seminal stain in anus?

Ram went on to focus on the B8 cotton swab that was retrieved from Saiful's high rectal area, where the semen stain was found to have a DNA prevalently belonging to Saiful. He suggested the possibility of the high DNA count was because the seminal stain belonged to Saiful himself.

Ram: You said the DNA sample in B8 showed that “Male Y” was weak and the prevalent one from the semen stain was that of Saiful himself. Can the semen belonging to Saiful be found in his anus?

Seah: I do not agree.

Ram: But in the sperm extract (refer to the report) on B8 had shown them to be mainly Saiful's, as he is the predominant contributor in the high rectal swab with the allele reading of 12, 13 being more dominant than the profile for “Male Y”. (Seah had earlier testified that the allele of 12 and 13 belonged to Saiful).

Seah: I disagree as there are two types of extract found, the non-sperm and sperm extracts, and Saiful's DNA profile is from the non-sperm. (This was despite 12 and 13 belonging to Saiful being prevalent in the sperm extract).

Ram also touched on the possibility of degradation of seminal stains inside Saiful's anus due to the fact the sample was taken only at 9pm on June 28, 2008, or 56 hours after the incident.(The alleged sodomy incident happened about 3.15pm on June 26, 2008).

The lawyer, who is the son of senior lawyer Karpal Singh, seemed to get the witness into tatters when he posed this scenario. Seah replied that she had not performed the test on the degradation of the sample, but mainly focused on finding the DNA.

Hospital Kuala Lumpur's Dr Razali Ibrahim had testified that Saiful's rectum was empty, despite the star witness and complainant's testimony in court that he had not defecated for two days. Razali had also testified that the anus was the most contaminated place in the body, with the amount of bacteria and contaminants.

Hairy argument

Ram today also pointed out the inconsistency in Seah's report when the issue of “hair” came up.

The report states she received a strand of hair from DSP Jude Blacious Pereira, which was located behind the door and on the floor of the apartment where the sodomy allegedly took place. However, in her chemist's report, Seah states that it is pubic hair. Explaining this, Seah said she stated it as pubic hair after conducting tests on it.

The DNA forensic investigator had failed to record findings of at least two unknown DNA samples found on Mohd Saiful Bukhari Azlan's black trousers and lower rectal area, the Kuala Lumpur High Court heard today.

During cross-examination by Ram Karpal Singh, Chemistry Department DNA speacialist Dr Seah Lay Hong agreed that certain "high" allele readings that appeared on her DNA analysis equipment did not appear on her chemist report. This was first pointed out to the defence team by Australian DNA expert Dr Brian McDonald.

Seah, the fifth prosecution witness and head of the Serious Crime Unit of the Chemistry Department, agreed said this was not recorded as she felt it was not significant. The two allele readings, measured in percentages, that Seah ignored were a 14.4 percent reading recorded on a stain from the lower part of Saiful's trousers and 28.4 percent reading recorded from the lower rectal swab.

In view of this, Ram Karpal raised the possibility that at least another two unknown DNA profiles were not on record. This includes a profile obtained from swab B9 from the lower rectal area.

"This does not belong to Saiful or "Male Y". The reading 28 allele is not reported although it has a high peak,” said Ram Karpal. When Ram Karpal continued on this line of argument, the chemist refused to respond, even after the defence lawyer complained to High Court judge Justice Mohamad Zabidin Mohd Diah.

“Male Y” remains a mystery

In view of Seah's earlier testimony that she found three male DNA profiles - “Male Y”, an unknown male and Saiful's - on two patches of semen stains found on Saiful's undewear, Ram Karpal made the following remark:

"It seems half a football team's DNA is found on Saiful but you chose not to report as it is detected on the underwear, trousers and B5 peri-anal area and now B9," said Ram.

Ram Karpal also raised Seah's non-compliance of guidelines set by the International Society of Forensic Genetics, of which she is a member, on treating mixed DNA. Asked by the judge why she did not comply with the guidelines, Seah did not offer any response.

Seah also testified that up until today, she is unaware of the identity of “Male Y”.

"There is no specimen or reference sample provided (by the police)," she said. Seah told the court that the police only provided Saiful's blood sample as a reference sample.

Ram suggested as to the other unidentified male it could be anyone including the investigating officer Jude Blacious Pereira.The witness also told the court she did not found any stains on the carpet and blue duvet which she received from the crime scene.-Hafiz Yatim.

18 February 2011

In the afternoon, Seah, who is the fifth prosecution witness, testified that her department follows strict guidelines as it is bound by international quality control standards and forensic guidelines. Seah said the department also has its internal guidelines to ensure it abides by the required standards as their work is a tightly regulated field.

The witness also agreed that Saiful's DNA blood sample was used as a reference specimen but denied that it had caused bias or influenced her in her decision. Ram asked, “You relied heavily on that information and there was a possibility of you being influenced by the information which was given to you.”

“Yes I used the reference sample in B10 (Saiful's blood sample) but I am not influenced by it. It is used as a reference,” she said.

She also revealed in court that it uses the DNA View and the Applied Biosystem Genetic Analysis machine which is 10 years old. “It uses a Gene Matter software which is regularly updated,” she said.

Asked by Ram when it was last updated, she said it was in 2007/ 2008.

The witness said although the manufacturer and software providers have their own set of written guidelines, the lab can adopt its own guidelines as recommended by the International Society of Forensic Genetics of which she is also a member.

Seah also revealed that the department also has specific guidelines if the DNA was mixed as in this case.

She agreed that dropout will occur in DNA sampling and there will be what is termed as a “T-value” threshold value whose charts are available and used in her analysis. However, Ram complained that the chart was not provided to the defence, resulting in McDonald being unable to refer to it. Prosecution did not address B8 and B9 swabs

It is interesting to note that during the examination-in-chief earlier today by DPP Noorin Badaruddin, she did not address the cotton buds marked B8 and B9. Yesterday, she stopped her line of questioning at B7.

B8 concerns the high-rectal swab where Saiful's DNA and "Male Y" DNA were found, while B9 is the lower rectal swab where both DNAs were also found.

DPP Noorin only focused her line of questioning on the electropherogram chart which was printed by the Applied Biosystem Genetic Analysis, which was tendered as evidence. There was no reference made by the defence on a strand of pubic hair found, which has been tendered as evidence.The chemist's report states that the hair has no “DNA profile”.

The defence in the Anwar Ibrahim Sodomy II trial has put forward the possibility of the DNA from up to 10 men, including that of Mohd Saiful Bukhari Azlan, being found from the victim's anus.The defence put this possibility to Chesmitry Department DNA specialist Dr Seah Lay Hong during cross-examination today, who agreed with the possibility.

Seah had told the court that two items of equipment were used, namely the DNA View and the Applied Biosystem Genetic Analysis machine, to help her in her analysis. Lawyer Ram Karpal brought up this matter when cross-examining Seah on her Chemist's Report marked as evidence.

Looking at the B5 swab (peri-anal) in question under the STR locus D8S1179, she deduced that the loci (look in the table at page 6) from the non-sperm extract has a reading (allele) of 12, 13, 14, 15. She derived the conclusion that 12 and 13 came from Saiful's DNA, the number 15 to be that of Male Y and 14 from another unidentified male.

When asked by Ram on the possibility of DNA from 10 different combinations or persons coming from the four numbers, Seah agreed with the possibility.

“From the locus it could be 12, 14 a person; 14, 15 another person; 13 and 15 another; and 12 and 15 another person; and so on?” asked Ram.

“Yes it can come from the different permutations,” replied Seah. Ram said if this is so, it can come from 10 people, to which the witness replied again was a possibility.

However, Seah said at face value it would seem so, but the results would have to be read as a whole and not solely on one loci (the the whole table at page 6).

The chemist said she based her finding in comparison to the semen stain retrieved from Saiful's trousers and blood sample, and not to anything else. Seah said she compared her finding with a statistical probability in deriving her finding and conclusion.

The witness also told the court that for the Applied Biosystem Genetic Analysis, the department had used a software periodically maintained by three engineers. She stated that she was quite proficient in the software, for which she possesses a certificate, but was no expert.- Hafiz Yatim,Malaysiakini.

An Umno leader is wringing his hands over what he feels is speaker bias in legislative assemblies of Pakatan Rakyat-ruled states. Seberang Jaya assemblyperson Arif Shah said their lack of even-handed treatment at times had stirred "dissatisfaction and disappointment' among opposition representatives.

He pointed out that when the speaker acted in an unjust manner, assemblypersons have no means to retaliate as the former has "absolute" authority during proceedings.

"Sometime he punishes us wrongly; when the opposition raises a question to the state executive committee member at the assembly sittings, the replies are not relevant but the speaker simply says 'sit down'," he complained.

He also griped during a dialogue session at the Penang assembly yesterday that backbenchers (from the ruling party) take advantage of the standing orders to prevent them from speaking. Arif said such a situation only happened

after March 2008, unlike the times when the Barisan Nasional was ruling the state.

Lets see(video) whether the Speaker of Parliament was acting in a just or unjust manner......

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